Seal Beach City Council
February 13, 2023

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, February 13, 2023 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

JOE KALMICK
MAYOR
First District

MIKE VARIPAPA
MAYOR PRO TEM
Third District

THOMAS MOORE
COUNCIL MEMBER
Second District

SCHELLY SUSTARSIC
COUNCIL MEMBER
Fourth District

SANDRA MASSA-LAVITT
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.

City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of — meetings are available ondemand on the website (starting 2012).meeting In compliance with the Americans with Disabilities Act of 1990, if you require disability - related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk' s office at (562) 431 -2527 at least 48 hours prior to the meeting.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.

PRESENTATIONS / RECOGNITIONS
• 48 Annual Americana Awards Presentation
• Historic Resources Foundation Board Update
• National Black History Month Proclamation

ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council' s discretion, be referred to the City Manager and placed on a future agenda.

Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution.

Supplemental Communications from Council Member Sustarsic - Item D Public Comment from Jo8n
Supplemental Communications from Council Member Moore
CITY ATTORNEY REPORT Craig A. Steele, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager

COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.

COUNCIL ITEMS – None

CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.

A. Approval of the January 23, 2023 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on January 23, 2023.
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B. Demands on City Treasury (Fiscal Year 2023) February 13, 2023 - Ratification.

C. Second Reading and Adoption of Ordinance 1703 - That the City Council adopt Ordinance 1703 titled "An Ordinance of the City of Seal Beach Adding Chapter 2.15 to Title 2 of the Seal Beach Municipal Code Relating to Electronic Filing of Campaign Finance Disclosure Statements and Statements of Economic Interests.”
D. Approving Budget Amendment BA #23-08-02 for LED Chevron Signs at Seal Beach Boulevard and Westminster Avenue (CIP ST2302) - That the City Council adopt Resolution 7369: 1. Approving CIP ST2302 appropriation of $65,000; and, 2. Approving Budget Amendment #BA 23-08-02 in the amount of $65,000.

E. Awarding and Authorizing a Professional Services Agreement with NV5, Inc. to Provide Temporary Staffing Assistance - That the City Council adopt Resolution 7370: 1. Awarding a Professional Services Agreement to NV5, Inc. in a not-to-exceed amount of $100,000 to provide temporary staffing assistance; and, 2. Authorizing and directing the City Manager to execute the Agreement; and, 3. Authorizing the City Manager to approve additional work requests up to the total amount of $25,000 in connection with the Agreement.

F. Emergency Pier Repairs: Awarding and Authorizing a Professional Services Agreement with Anser Advisory Management, LLC, Awarding and Authorizing a Public Works Agreement with Jilk Heavy Construction, Inc. for the Seal Beach Pier Emergency Repair, CIP EM2023, Based on the State and Local Declarations of Emergency Relating to Storms and High Tides - That the City Council adopt Resolution 7371: 1. Declaring that the Seal Beach Pier Emergency Repair, CIP EM2023, is urgently necessary for the preservation of property of the City based on the City Manager’s Declaration of Local Emergency on January 17, 2023, and that contracts for repairs to the Seal Beach Pier are exempt from public bidding requirements; and, 2. Authorizing the City Manager to execute a professional services agreement with Anser Advisory Management, LLC in the amount of $217,336 to provide professional project management services; and, 3. Authorizing the City Manager to execute a public works agreement with Jilk Heavy Construction, Inc., without advertising for bids, in the amount of $1,083,624 to perform emergency repair work; and, 4. Authorizing the City Manager to approve additional work requests up to $200,000, and inspection services up to $100,000, in connection with the Project, in the cumulative notto-exceed amount of $300,000; and, 5. Approving Budget Amendment BA #23-08-01 in the amount of $1,600,960.

G. Uniforms for the Pool and Beach Lifeguards and the Junior Lifeguard Program - That the City Council adopt Resolution 7372: 1. Approving a three (3) year uniform purchase agreement with Boardriders Wholesale; and, 2.

Authorizing the City Manager to enter into an agreement with Boardriders Wholesale to purchase Marine Safety Uniforms in a not-to-exceed amount of $27,184.25 annually for FY 2022-2023, 2023-2024, and 2024-25.

H. Third Amendment to Legal Services Agreement with Richards, Watson & Gershon - That the City Council adopt Resolution 7373: 1. Approving the Third Amendment to the Legal Services Agreement with Richards, Watson & Gershon; and, 2. Authorizing the City Manager to execute the amendment on behalf of the City.

ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None

NEW BUSINESS
I. Declaration of Surplus Property - That the City Council adopt Resolution 7374, declaring that 4197 Ironwood Avenue meets the definition of “surplus land” under Government Code Section 54221(b), finding that such declaration is exempt from review under the California Environmental Quality Act (“CEQA”), and directing staff to send a notice of availability to designated entities.

ADJOURNMENT
Adjourn the City Council to Monday, February 27, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary.

▪19 Citizens of the Year.
▪100 students from the
City Seal Beach attend
Cypress College.
▪More than $400,000 in
scholarships &
emergency assistance
given to students.

Thank you for supporting Cypress College students,
Seal Beach honorees, and the Americana Awards Gala

Seal Beach
Historic Resources Foundation

MISSION

TO COLLECT, PRESERVE, PROMOTE, SHARE, AND CELEBRATE

THE HISTORIC RESOURCES AND CULTURAL HERITAGE OF SEAL BEACH

AS WELL AS ENSURE ITS PRESERVATION FOR PRESENT AND FUTURE GENERATIONS

THROUGH EDUCATIONAL AND COMMUNITY BENEFIT PROGRAMS
VISION

TO INSPIRE PRIDE, EXCITEMENT, AND PASSION

FOR THE HISTORY AND SPIRIT OF SEAL BEACH WITHIN THE COMMUNITY

THROUGH ACQUIRING AND SHARING KNOWLEDGE

IN A RELEVANT, ACCESSIBLE, AND INCLUSIVE MANNER
February 13, 2023 Update
1 Goals

1. Transfer Red Car

2. Launch website

3. Open membership drive

4. Purchase insurance and fundraising software

5. Create community events
2 Red Car
3 Website
4 Membership Drive
5 Administrative / Community Events
6 Thank you!
Lauren Barich
Management Analyst
Office of the City Manager
[email protected]
Deb Machen
President
Seal Beach Historic
Resources Foundation
[email protected]
7 MISSION

TO COLLECT, PRESERVE, PROMOTE, SHARE, AND CELEBRATE

THE HISTORIC RESOURCES AND CULTURAL HERITAGE OF SEAL BEACH

AS WELL AS ENSURE ITS PRESERVATION FOR PRESENT AND FUTURE GENERATIONS

THROUGH EDUCATIONAL AND COMMUNITY BENEFIT PROGRAMS
VISION

TO INSPIRE PRIDE, EXCITEMENT, AND PASSION

FOR THE HISTORY AND SPIRIT OF SEAL BEACH WITHIN THE COMMUNITY

THROUGH ACQUIRING AND SHARING KNOWLEDGE

IN A RELEVANT, ACCESSIBLE, AND INCLUSIVE MANNER

Question for February 13, 2023 City Council Meeting Sustarsic Item D. Budget Amendment for ST2302:

This item asks to approve a budget amendment of $65,000 for CIP project ST2302. I did not find the ST2302 project in the approved budget book for FY 22/23, nor found it on the city website.

What is included in this project for $315,000, before the budget amendment for chevron signs? The original $315,000 is the overall Gas Tax funded CIP project amount, which includes paving projects throughout the City. ST2302 (chevron signs) is a new CIP being introduced with the budget amendment of $65,000 from the unallocated Gas Tax fund, bringing the account to $380,000.

Could we get an update from PFM Management on what their recommendations are currently? Staff continues to discuss current economic conditions with PFM Management on a regular basis, with safety and liquidity remaining our key objectives. Staff will provide an update to Council during the Mid-Year Budget Update in March.

What is the Phoenix Group doing for the City?
Phoenix handles all billing for false alarms and annual permits. There are no citations - they send a notice on the third false alarm. The first two are free.

Agenda Item D:

Is this for more than one sign or all of the signs in Seal Beach? If one sign, 54k seems high. Could you provide some more details?
This is for the installation of eight (8) new solar powered chevron signs on new posts. Solar powered was selected vs. hardwiring given the impacts associated with constructing through a heavily traveled intersection.

Thank you,
-Tom
Agenda Item A

AGENDA STAFF REPORT
DATE: February 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper , City Clerk
SUBJECT: Approval of the January 23, 2023 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on January 23, 2023.

BACKGROUND AND ANALYSIS:

This section does not apply.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on January 23, 2023.

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Jill R. Ingram
Gloria D. Harper , City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:

A. Minutes – Closed Session, January 23, 2023
B. Minutes – Regular Session, January 23, 2023
Seal Beach, California
January 23, 2023
The City Council met in Closed Session at 5:30 p.m. in City Hall Conference Room.

ROLL CALL

Present: Mayor Kalmick
Council Members: Sustarsic, Massa-Lavitt, Moore, Varipapa

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Barbara Arenado, Director of Finance/City Treasurer
Alexa Smittle, Director of Community Development
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk

PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. City Clerk Harper announced that no supplemental communications were received. Mayor Kalmick then closed oral communications.

CLOSED SESSION
A. Conference with Real Property Negotiator
Government Code Section 54956.8
Property: 4197 Ironwood, Seal Beach
City Negotiators: City Manager and City Attorney
Negotiating Parties: Not yet identified Under Negotiation: Price and Terms of Sale B. Conference with Real Property Negotiators
Government Code Section 54956.8
Property: 15 First Street City Negotiator: City Attorney Negotiating Parties: Beach House at the River, LLC
Under Negotiation: Terms
C. Conference with Real Property Negotiators
Government Code Section 54956.8
Property: Boat ramp, Seal Beach Pier City Negotiators: City Manager, City Attorney
Negotiating Party: DCOR, LLC Under Negotiation: Terms
D. Public employee appointment/employment/evaluation
Government Code Section 54957
City Attorney

ADJOURNMENT
Mayor Kalmick adjourned the Closed Session meeting at 7:03 p.m.

Gloria D. Harper, City Clerk
City of Seal Beach
Approved:

Joe Kalmick, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
January 23, 2023
The City Council met in regular session at 7:10 p.m. in the City Council Chamber. Council Member Sustarsic led the Pledge of Allegiance.

ROLL CALL

Present: Mayor Kalmick
Council Members: Moore, Sustarsic, Massa-Lavitt, Varipapa

Absent: None
City Staff: Craig A. Steele, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Chief
Joe Bailey, Chief, Marine Safety Department
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
Nick Nicholas, Police Captain
Brain Gray, Police Sergeant/Emergency Services Coordinator Bryan McMahon, Battalion Chief, Orange County Fire Authority

MOMENT OF SILENCE
In memory of the victims of the Monterey Park mass shooting that took place on the eve of Lunar New Year.

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Two (2) supplemental items were received after the posting of the agenda and were distributed to the City Council and made available to the public.

Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve the agenda.

AYES: Kalmick, Moore, Sustarsic, Massa-Lavitt, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
PRESENTATIONS / RECOGNITIONS - None

PUBLIC COMMUNICATIONS
Mayor Kalmick opened oral communications. Speakers: Ed Hirsch, Emily Grant (SoCalGas), Bridget, Lisa Landau, Stephanie Wade, Steve Murrey, and Kori DeLeon.

Mayor Kalmick then closed oral communications.

CITY ATTORNEY REPORT
City Attorney Steele reported the Council met regarding the four (4) items on the posted agenda and took no reportable action taken on any item.

CITY MANAGER REPORT
City Manager Ingram indicated that as a result of the recent storms, the Pier sustained some pretty significant damage that resulted in staff immediately closing the portion of the Pier that is over the water. She introduced Public Works Director Lee who provided an update on the damage sustained, the process to start the repairs, and when staff anticipates reopening the Pier to the public.

Additionally, City Manager Ingram thanked and congratulated Finance Director Arenado and the Finance Department staff for being recognized and awarded the Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2021, from the Government Finance Officers Association.

COUNCIL COMMENTS
Council Member Sustarsic reported that she attended a West Orange County Water Board meeting, an Airport Land Use Commission meeting, and a meeting to discuss parking with Dixon Resources Unlimited.

Mayor Pro Tem Varipapa had no items to report.

Council Member Massa-Lavitt had no items to report.

Council Member Moore had no items to report.

Mayor Kalmick reported that he attended a meeting with Congresswoman Katie Porter where they toured the Pier to view all of the damage caused by recent storms, to Surfside to see ongoing impacts of sand erosion, and flooding around town. He announced that on Wednesday, January 25th, the Los Cerritos Wetland Authority will be hosting a meeting at the Mary Wilson Library to update the community on the status of the Wetlands Project.

COUNCIL ITEMS
There were no council items.

CONSENT CALENDAR
Council Member Sustarsic moved, second by Council Member Moore, to approve the recommended actions on the consent calendar.

A. Approval of the January 9, 2023 City Council Minutes - Approval of the January 9, 2023 City Council Minutes
B. Demands on City Treasury (Fiscal Year 2023) January 23, 2023 - Ratification.

C. Monthly Investment Report – November 30, 2022 and December 31, 2022 - Receive and file.

D. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.

E. Second Reading and Adoption of Ordinance 1701 - That the City Council adopt Ordinance 1701 titled "An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code Amending Section 11.4.05.135 (Short-Term Rental of Residentially Zoned Property) to Permit and Regulate
Short-Term Rentals in Residential Zones in the City.”
F. Rejecting All Bids for the Tennis and Pickleball Center Improvement Project, CIP BG2105 - That the City Council adopt Resolution 7363 rejecting all bids received for the Tennis and Pickleball Center Improvement Project, CIP BG2105.

G. Approve Utility Agreement with Orange County Transportation Authority in Relation to the I-405 Improvement Project for New Waterline Construction - That the City Council adopt Resolution 7364: 1. Approving Utility Agreement No. UK104063 between the City of Seal Beach and Orange County Transportation Authority (OCTA) for the I-405 Freeway Improvement
Project; and, 2. Authorizing the City Manager to execute the agreement.

H. Professional Services Agreement with Charles Abbott and Associates for Community Development Software - That the City Council adopt Resolution 7365 approving a Professional Services Agreement with Charles Abbott and Associates for $15,000.

I. Approval of Employment Agreement for Director of Public Works Iris Lee - That the City Council adopt Resolution 7366: 1. Approving the Executive Employment Agreement effective December 26, 2022 between the City of Seal Beach and Iris Lee as the Director of Public Works; and, 2. Authorizing
the City Manager to execute the contract.

City Clerk Harper took a roll call vote to approve the consent calendar items.

AYES: Kalmick, Sustarsic, Moore, Massa-Lavitt, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

PUBLIC HEARING
There were no public hearing items.

UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.

NEW BUSINESS
J. Ratification of Proclamation of Local Emergency Relating to Extreme Storm Events and Tides - That the City Council review and adopt Resolution 7368, A Resolution of the Seal Beach City Council Ratifying the Proclamation of a Local Emergency Relating to Storms and Flooding Issued by the City Manager/Director of Emergency Services on January 17, 2023.

City Attorney Steele provided a comprehensive background of the staff report. There were no Council Member questions.

Council Member Massa-Lavitt moved, second by Mayor Pro Tem Varipapa to adopt Resolution 7368, A Resolution of the Seal Beach City Council Ratifying the Proclamation of a Local Emergency Relating to Storms and Flooding Issued by the City Manager/Director of Emergency Services on January 17, 2023.

City Clerk Harper took a roll call vote to continue Item J.

AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
K. Introduction and First Reading of an Ordinance of the City Council of the City of Seal Beach adding Chapter 2.15 Requiring Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements and Statements of Economic Interests - That the City Council: 1. Introduce, read by title only, waive further reading of Ordinance 1703 and set the second reading for February 13, 2023, to add Chapter 2.15 to the Seal Beach Municipal Code requiring electronic and paperless filing of Fair Political Practices Commission (FPPC) campaign disclosure statements and statements of economic interest; and, 2. Approve a Service Level Agreement with NetFile, Inc., to provide an online electronic filing system for campaign disclosure statements that includes an electronic filing system for statements of economic interests.

City Clerk Harper provided a comprehensive background of the staff report. There were no Council Member questions.

Mayor Pro Tem Varipapa moved, second by Council Member Sustarsic to 1. Introduce, read by title only, waive further reading of Ordinance 1703 and set the second reading for February 13, 2023, to add Chapter 2.15 to the Seal Beach Municipal Code requiring electronic and paperless filing of Fair Political Practices Commission (FPPC) campaign disclosure statements and statements of economic interest; and, 2. Approve a Service Level Agreement with NetFile, Inc., to provide an online electronic filing system for campaign disclosure statements that includes an electronic filing system for statements of economic interests.

City Clerk Harper took a roll call vote to continue Item K.

AYES: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
L. Main Street Parking and Potential Parking Upgrades - Receive and file.

Captain Nicholas introduced the City’s Parking Project Manager, Julie Dixon from Dixon Resources Unlimited, who provided a comprehensive update on Main Street parking and potential parking upgrades.

Julie Dixon and the City Council congratulated Police Services Manager Michael McDonald on being awarded the 2022 California Parking & Mobility Association (CMPA) Wayne Dalton Award.

Julie Dixon addressed the Council Members’ questions and the Council Members provided feedback and recommendations.

This item was received and filed.

ADJOURNMENT
Mayor Kalmick adjourned the City Council meeting at 8:22 p.m., in memory of Riverside County Sherriff Deputy Isaiah Cordero, who was shot and killed in the line of duty on Thursday, December 29, 2022 and Riverside County Sherriff Deputy Darnell Calhoun, who was also shot and killed in the line of duty on Friday, January 13, 2023, and in memory of the victims of the Monterey Park deadly mass shooting that took place on Saturday, January 21, 2023, the eve of Lunar New Year, to Monday, February 13, 2023, at 5:00 p.m. to meet in Closed Session if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Joe Kalmick, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk

Agenda Item C

AGENDA STAFF REPORT
DATE: February 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1703
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Ordinance 1703 titled "An Ordinance of the City of Seal Beach Adding Chapter 2.15 to Title 2 of the Seal Beach Municipal Code Relating to Electronic Filing of Campaign Finance Disclosure Statements and Statements of Economic Interests.”
BACKGROUND AND ANALYSIS:

At its meeting on January 23, 2023, the City Council approved the introduction of Ordinance 1703 of the City of Seal Beach adding Chapter 2.15 to Title 2 of the Seal Beach Municipal Code relating to electronic filing of campaign finance disclosure statements and statements of economic interests.” This item is to approve the second reading and adoption of Ordinance 1703 in compliance with State law and the City Charter requiring that ordinances be adopted at least five (5) days after introduction at a regular or adjourned regular meeting. Upon adoption and pursuant to City Charter Section 414 and Water Code Section 376, the Ordinance will be published within fifteen days after adoption.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

The NetFile system cost is $5,000 per year with the cost guaranteed for up to five (5) years. Funds have been appropriated in the Fiscal Year 2022-2023 budget.

The cost of this application is offset by the realized benefits of decreased staff time, efficiency, transparency, and secure documents.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Ordinance 1703 titled "An Ordinance of the City of Seal Beach Adding Chapter 2.15 to Title 2 of the Seal Beach Municipal Code Relating to Electronic Filing of Campaign Finance Disclosure Statements and Statements of Economic Interests.”
SUBMITTED BY: NOTED AND APPROVED:

Gloria D Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:

A. Ordinance 1703
ORDINANCE 1703

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH ADDING CHAPTER 2.15 TO TITLE 2 OF THE SEAL BEACH

MUNICIPAL CODE RELATING TO ELECTRONIC FILING OF CAMPAIGN

FINANCE DISCLOSURE STATEMENTS AND STATEMENTS OF

ECONOMIC INTERESTS
WHEREAS, Government Code Section 84615 currently provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk except for when such persons in a calendar year receive contributions totaling less than $2,000 and make expenditures totaling less than $2,000; and,
WHEREAS, the City has entered into an agreement with NetFile, Inc., a vendor approved by the California Secretary of State, to provide an online electronic filing system (“System”) for campaign disclosure statements and statements of economic interest forms; and,
WHEREAS, the System will operate securely and effectively and will not unduly burden filers. Specifically: (1) the System will ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the data; (2) the System will only accept a filing in the standardized record format developed by the Secretary of State that is compatible with the Secretary of State’s system for receiving an online or electronic filing and meets the requirements set by Government Code Section 84615; and (3) the System will be available free of charge to filers and to the public for viewing filings; and,
WHEREAS, the City of Seal Beach desires to amend the Seal Beach Municipal Code to add a new Chapter relating to electronic filing of campaign and conflict of interest statements.

NOW THEREFORE, the City Council of the City of Seal Beach does hereby ordain as follows:

Section 1. Chapter 2.15 (Electronic Filing) is hereby added to Title 2 (Elections) of the Seal Beach Municipal Code to read as follows:
“Chapter 2.15 - Electronic Filing of Campaign Statements and Statements of Economic Interests.”
Section 2.15.005 Use of Electronic Filing System .

A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100) of Title 9 of the California Government Code, except an elected officer, candidate, committee, or other person who receives contributions totaling less than two thousand dollars ($2,000), and makes expenditures totaling less than two thousand dollars ($2,000) in a calendar year, shall file those statements, reports, or other documents online or electronically with the City Clerk.

B. Any person holding a position listed in Government Code Section 82700 or designated in the city’s local conflict of interest code adopted pursuant to Government Code section 83700, shall file any required Statement of Economic Interest reports (Form 700) online or electronically with the City Clerk.

Section 2.15.010 Paper Filing Not Required After Electronic Filing. Any elected officer, candidate, committee or other person who has electronically filed a statement, report, form, or other document using the City's online system is not also required to file a copy of that document in a paper format with the City Clerk.

Section 2.15.015 Filing Options When a Copy Must be Filed With City Clerk. In any instance in which an original statement, report or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.

Section 2.15.020 Paper Filing When Cannot File Electronically. If the City Clerk’s electronic system is not capable of accepting a particular type of statement, report, or other document, an elected officer, candidate, committee, or other person shall timely file that document with the City Clerk in an alternative format.

Section 2.15.025 Internet Posting of Data. The City Clerk shall ensure that the City's system makes all filed statements, reports, forms, or other documents available on the City’s internet website in an easily understood format that provides the greatest public access. Within 72 hours of each applicable filing deadline, the statements, reports, forms, or other documents, whether filed electronically or in paper format, shall be available and posted on the City’s internet website. If the final day of the 72-hour period is a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. Before posting, the City Clerk shall redact the street name and building number of the persons or entity representatives listed on any statement, report, or document, or any bank account number required to be disclosed by the filer. Providing a link on the City’s internet website to the statement, report, or other document satisfies this requirement. The data shall be made available free of charge. The City Clerk's office shall also make a complete, unredacted copy of the statement, report, form, or other document available to the Fair Political Practices Commission for Government Code Section 87200 filers.

Section 2.15.030 Records Retention. The City Clerk's office shall maintain records according to the City's records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record.

Section 2.15.035 Administrative Policies and Procedures. The City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary to implement this Chapter.”
Section 2. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 3. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance or a summary thereof to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 23rd day of January, 2023.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on this 13th day of February, 2023 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:
____________________________
Gloria D. Harper, City Clerk

APPROVED AS TO FORM
____________________________
Craig A. Steele, City Attorney
Agenda Item D

AGENDA STAFF REPORT
DATE: February 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving Budget Amendment BA #23-08-02 for LED Chevron Signs at Seal Beach Boulevard and Westminster
Avenue (CIP ST2302)
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7369:

1. Approving CIP ST2302 appropriation of $65,000; and,

2. Approving Budget Amendment #BA 23-08-02 in the amount of $65,000.

BACKGROUND AND ANALYSIS:

In May 2022, the City completed the Local Roadway Safety Plan (“LRSP”). This plan created a framework to:
• Identify areas with a high risk for collision; and,
• Illustrate the value of a comprehensive safety program and the systemic process; and,
• Plan future safety improvements for near-, mid-, and long-term implementation; and,
• Definite safety projects for potential funding opportunities.

Representative case study locations, such as Seal Beach Boulevard and Westminster Avenue, were selected for further analyses and recommendations.

The study noted the higher concentration of collisions and traffic, compounded with roadway curvature could potentially cause congestion and sight issues. As such, installation of curve advance warning signs (i.e., flashing beacons) was recommended as one of the countermeasures.

As the City’s signage program had already identified the existing reflective chevron alignment signs as needing replacement, it is recommended to replace those with solar-powered LED-illuminated dynamic curve warning signs. This new system

has a mounted radar that activates the blinking chevron-shaped lights when a vehicle is detected, making the curve more visible.

Yunex LLC (“Yunex”) submitted a proposal dated January 17, 2023 to replace the older system with new LED-illuminated signs under their existing on-call professional services agreement with the City dated May 13, 2019 (“Agreement”).

The proposal is in a not-to-exceed amount of $54,275. The cost for this system was found to be comparable within the current market.

As the Project was not budgeted in the FY 2022-2023 budget, staff recommends appropriating $65,000 from the unallocated Gas Tax Fund to account for construction, construction contingency, and inspection costs.

ENVIRONMENTAL IMPACT:

This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Subsection (c) as the Project involves alternations of an existing facility with no expansion of use.

LEGAL ANALYSIS:

The City Attorney has approved the resolution as to form.

FINANCIAL IMPACT:

Budget Amendment BA #23-08-02 will allocate $65,000 from the unallocated Gas Tax Fund as follows:

The table below presents the estimated breakdown of the Project cost:

Description Amount
Construction $ 54,275
Contingency $ 5,425
Inspection/Testing $ 5,300
Total $ 65,000
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7369:

1. Approving CIP ST2302 appropriation of $65,000; and,

2. Approving Budget Amendment #BA 23-08-02 in the amount of $65,000.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:

A. Resolution 7369
B. Yunex cost proposal, dated January 17, 2023
RESOLUTION 7369

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING BUDGET AMENDMENT BA #23-08-02

FOR THE LED CHEVRON SIGNS AT SEAL BEACH

BOULEVARD AND WESTMINSTER AVENUE (CIP
ST2302)
WHEREAS, the existing southbound Seal Beach Boulevard reflective chevron alignment signs located south of Westminster Avenue were identified for replacement; and,
WHEREAS, installation of flashing advance warning signs may enhance visibility along curvatures; and,
WHEREAS, on May 13, 2019, the City entered into an on-call professional services agreement with Yunex LLC (“Yunex”); and,
WHEREAS, on January 17, 2023, Yunex submitted a proposal to replace the older existing signage system with new solar-powered LED-illuminated chevron signs (CIP ST2302); and,
WHEREAS, Yunex is a qualified firm to install the improvements.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby approves CIP ST2302 appropriation of $65,000.

Section 2. The City Council hereby approves Budget Amendment #BA 23-08- 02 allocating $65,000 from the unallocated Gas Tax Fund as follows:

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of February, 2023 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7369 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 13th day of February, 2023.

Gloria D. Harper, City Clerk

Yunex LLC
1026 E. Lacy Ave
Anaheim, CA 92805
714.284.0206
714.284.1150 Fax
https://yunextraffic.com
January 17, 2023
Iris Lee
Deputy Public Works Director/ City Engineer
Public Works Department
City of Seal Beach
211 8th St.

Seal Beach, CA 90740
RE: Seal Beach & Westminster; Furnish and install Solar Chevron Signs Dear Ms. Lee:

Yunex Traffic is pleased to offer to perform the following work at the below listed price:

Furnish and install (8) new Tapco Solar powered Chevron signs on telespar posts at the subject line location.

This price is under the assumption no pull boxes or conduit will be installed. The previously provided plans were used for reference on quantity and location, no additional work or labor is included with this scope. This below listed price includes all material, labor, and equipment to restore intended operation.

TOTAL LABOR, EQUIPMENT, AND MATERIAL: $54,275.00
This proposal is an estimate, if unexpected problems arise, we will notify you before we proceed and a change order for the extra work will be provided. Additionally, the price listed above does not include any bonds, permits, fees, shift work, night work, holiday, or weekend work.

This offer shall expire 30 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice.

This offer supersedes any prior offers, commitment, or orders, contains all terms, conditions, and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery to us of a copy of this offer duly signed by you in the space provided.

The foregoing offer is hereby accepted this _______ day of __________, 2023.

YUNEX LLC
Joshua Ferras City of Seal Beach
Joshua Ferras By:

Project Manager Title:

Agenda Item E

AGENDA STAFF REPORT
DATE: February 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Awarding and Authorizing a Professional Services Agreement with NV5, Inc. to Provide Temporary Staffing
Assistance
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7370:

1. Awarding a Professional Services Agreement to NV5, Inc. in a not-toexceed amount of $100,000 to provide temporary staffing assistance; and,

2. Authorizing and directing the City Manager to execute the Agreement; and,

3. Authorizing the City Manager to approve additional work requests up to the total amount of $25,000 in connection with the Agreement.

BACKGROUND AND ANALYSIS:

The Engineering Division manages several Public Works disciplines including permitting, development plan checking, and capital improvement projects. The Engineering Division consists of three (3) full-time engineers, of which the Deputy Public Works Director/City Engineer and the Assistant Engineer positions are currently vacant.

In order to meet project deadlines and provide timely permit and plan check processing, staff solicited a proposal from NV5, Inc. (NV5) to provide temporary staffing assistance. NV5 currently provides on-call plan checking and inspection services under separate contracts. As they are familiar with the Engineering Division’s operations, NV5 is qualified to provide the requested services.

NV5 submitted a proposal to provide the temporary staffing assistance services for $135/hour. It is anticipated that recruitment for the existing vacancies would be completed within three to six months; therefore, staff recommends approving a professional services agreement in a not-to-exceed amount of $100,000. Staff further recommends authorizing the City Manager to approve additional work

requests up to $25,000 in the event qualified candidates cannot be identified within the envisioned timeframe.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a professional services agreement with NV5, Inc. will not have a significant effect on the environment.

LEGAL ANALYSIS:

The City Attorney has approved the agreement and resolution as to form.

FINANCIAL IMPACT:

Funding for temporary staffing assistance will be expensed from the Public Works operations and maintenance budget.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7370:

1. Awarding a Professional Services Agreement to NV5, Inc. in a not-toexceed amount of $100,000 to provide temporary staffing assistance; and,

2. Authorizing and directing the City Manager to execute the Agreement; and,

3. Authorizing the City Manager to approve additional work requests up to the total amount of $25,000 in connection with the Agreement.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:

A. Resolution 7370
B. Agreement with NV5, Inc.

RESOLUTION 7370

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER

TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH NV5, INC. TO PROVIDE

TEMPORARY STAFFING ASSISTANCE
WHEREAS, the Public Works Department Engineering Division’s staffing vacancies are impacting permitting, plan checking, and project delivery schedules; and,
WHEREAS, temporary staffing assistance is necessary to maintain service levels; and,
WHEREAS, NV5, Inc. (NV5) submitted a proposal to provide temporary staffing assistance until recruitments for current vacancies are completed; and, WHEREAS, NV5 is a qualified firm to provide temporary staffing assistance.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council hereby awards Professional Services Agreement to NV5, Inc. in a not-to-exceed amount of $100,000 to provide temporary staffing.

Section 2. The City Council hereby authorizes the City Manager to approve additional work payment requests in connection with the Agreement in the cumulative not-to-exceed amount of $25,000.

Section 3. The City Council hereby authorizes and directs the City Manager to execute the Agreement.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of February, 2023 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7370 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 13th day of February 2023.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Staffing Assistance Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
NV5, Inc,
163 Technology Drive, Suite 100
Irvine, CA 92618
(949) 585-0477
This Professional Service Agreement (“the Agreement”) is made as of February 13, 2023 (the “Effective Date”), by and between NV5, Inc. (“Consultant”), a California corporation, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
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RECITALS
A. City desires certain professional staff assistance services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide staffing assistance services.

C. Consultant represents that the principal members of its firm are qualified professional engineers and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (collectively “Services”) set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.

1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant’s 3 of 19
work by the City shall not operate as a release of Consultant from such standard of care and workmanship.

1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. The term of this Agreement shall commence on February 13, 2023, and shall remain in full force and effect until December 31, 2023, unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 Consultant’s Compensation

3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not-to-exceed amount of $100,000 (One Hundred Thousand dollars and 00/100) for the Term.

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.

4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.
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5.0 Termination

5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.

5.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

6.0 Party Representatives

6.1. The City Manager is the City’s representative for purposes of this Agreement.

6.2. Jeffrey M. Cooper is the Consultant's primary representative for purposes of this Agreement. Jeffrey M. Cooper shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: NV5, Inc.
163 Technology Drive, Suite 100
Irvine, CA 92168
Attn: Jeffrey M. Cooper

7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and 5 of 19
certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and 6 of 19
subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Consultant shall indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, 7 of 19
damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section

10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Confidentiality

11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively “Data & Documents”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

11.3. Consultant’s covenants under this Section shall survive the termination or expiration of this Agreement.

12.0 Ownership of Documents and Work Product

12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents shall be considered “works made for hire,” and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be 8 of 19
and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.

12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions.

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.
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14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.
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17.0 Insurance

17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease;

17.2.4. Professional Liability (or Errors and Omissions) Liability, with minimum limits of $1,000,000 per claim/aggregate. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

17.4. Additional Insured.
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17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 12 of 19

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.

17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 18.0. 13 of 19

17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c).

Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.

18.2. Other Indemnities.

18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, 14 of 19
agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.2.3. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims or Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.4. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.

18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are 15 of 19
determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.

18.6. Survival of Terms. Consultant’s indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

22.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

23.0 Severability
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The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

27.0 Prohibited Interests; Conflict of Interest

27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 17 of 19
exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

30.0 Non-Appropriation of Funds
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Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

31.0 Mutual Cooperation

31.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

31.2. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

33.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

35.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

CITY OF SEAL BEACH
By: _________________________
Jill R. Ingram, City Manager
Attest:

By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:

By: _________________________
Craig A. Steele, City Attorney
CONSULTANT: NV5, Inc., a California
corporation
By: __________________________
Jeffrey M. Cooper
Senior Vice President
By: __________________________
MaryJo O’Brien
Corporate Secretary
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)
163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.NV5.com | Office 949.585.0477 Jeffrey M. Cooper, PE
Senior Vice President
January 19, 2023
City of Seal Beach
Attn: Iris Lee, Director of Public Works
211 Eighth Street
Seal Beach, CA 90740
RE: Temporary Development Staff Augmentation Services – Nhut Pham, EIT Dear Ms. Lee,
NV5 is pleased to submit this proposal to provide temporary full-time development staff augmentation services to the City of Seal Beach (City) for approximately three (3) to six (6) months, starting January 19, 2023. Services will include assisting with plan checks, interacting with applicants, associated administrative work, and processing SCE/SCG encroachment permits, among other related duties.

We have been providing highly qualified and experienced professionals on staff augmentation contracts for several years. Public agencies have contracted with our firm when it is not costeffective to fill a full-time position; to relieve peak workload situations; and to fill vacant positions on an interim basis. We select, train, and retain highly qualified employees to supplement contracting cities staffing requirements. Our professional staff has expertise in a wide range of disciplines and extensive experience in many areas, including plan check, project management, construction management, and design engineering.

We are committed to providing superior, high-level services to our clients. We do so by maintaining a core of highly qualified staff possessing a wide range of skills that we match with our client’s needs.

Our professionals are committed to reliable performance, positive attitudes, and a mission focus that is essential to successful outcomes.

For the City’s consideration, we propose Nhut Pham, EIT (resume attached). Below is our proposed hourly rate, per our On-Call Professional Engineering and Plan Check Services contract, dated July 25, 2022. Our services will be billed on a time and materials basis for this task.

Nhut Pham, EIT Project Engineer/Plan Check Engineer I $135/hr.

On behalf of our team, we thank you for the opportunity to serve as an extension of the City of Seal Beach staff. Should you have any questions or require additional information, please contact me at (858) 531-6666 or [email protected].

Sincerely,
NV5, Inc.

PN: P27023-0001087.00
Plan Check Services
CITIES OF SANTA ANA, FULLERTON AND CHINO | SANTA ANA, FULLERTON, CHINO, CA Project Engineer. Mr. Pham provided plan check services for private developments within the cities’ public works departments. He performed technical review for Water Quality Management Plans and civil engineering plans (precise grading, streets, water/ wastewater, and erosion control). These reviews ensured plans followed the Cities’ conditions of approval, standard details and other applicable codes.

Project Management Services for Various CIP
CITY OF EL MONTE | EL MONTE, CA
Project Engineer. Mr. Pham is assisting our team with providing Project Management Services to the City on various Capital Improvements Projects. Project include the following:
• Active Transportation for El Monte Station and Downtown El Monte Project, CIP 890
• Nevada-Bodger Sewer Improvement Project, CIP 005 and CIP 038 • Merced Avenue Traffic Calming Project, CIP 003
• El Monte Regional Bicycle Commuter Access Improvement Project, CIP 016 Crowther Sanitary Sewer Pipeline Replacement
CITY OF PLACENTIA | PLACENTIA AND FULLERTON, CA
Office Engineer. Mr. Pham is serving as Office Engineer for this project, which includes replacement of approximately 7,400 LF of gravity sewer pipeline in Crowther Avenue, Placentia Avenue, and Orangethorpe Boulevard, located within the Cities of Placentia and Fullerton. The work involves installation of 15-inch, 18-inch, and 22-inch PVC and fused HDPE sewer pipeline and manholes. The work also includes reconnection into all of the existing gravity mains and service laterals with a terminus tie-in connection at the existing Orange County Sanitation District’s trunk line on State College Boulevard.

The project — which includes an encasement crossing underneath the 57 freeway in Caltrans right-of-way — involves coordination with multiple agencies, including Caltrans, the Orange County Sanitation District, Golden State Water, Department of Health Services, the City of Fullerton, and other utility and governmental agencies. Working in high-traffic areas, as well as a jack-and-bore crossing underneath the Orange County Flood Control District’s flood control channel and a jack-and-bore crossing underneath the BNSF railroad, and multiple crossings of Southern California Gas Co.’s highpressure gas feeder, are among the project’s challenges. NV5 is providing construction management, inspection and materials testing services for this project.

Project Experience
Mr. Pham has more than 7 years of experience in the plan check, engineering design, and construction management/administration of Public Works projects, including water, wastewater, streets and storm drain improvements. He is experienced in preparing plans, specifications and estimates for various CIP projects, preparing exhibits to demonstrate design concepts to clients, and performing technical review for WQMP and civil engineering plans for residential and commercial developments. He is skilled in using AutoCAD Civil 3D, Microsoft Office Suite, ArcGIS, MatLab and Bluebeam Revu.

EXPERIENCE
7 years

EDUCATION
B.S. Civil Engineering

LICENSES/CERTIFICATES
Engineer-in-Training (CA)
No. 163240

CONTACT INFO
[email protected] NHUT PHAM, EIT
Project Engineer
RESUME
Delivering Solutions — Improving Lives NV5 | 1
RESUME
William Woollett Jr. Aquatics Center
CITY OF IRVINE | IRVINE, CA
Project Engineer. Mr. Pham is serving as Project Engineer for this pool replastering project (three pools) at the William Woollett Jr. Aquatics Center. The complex is a world-class aquatic facility open year round for regional and national competitive events with two 50-meter pools and a 25-yard instruction pool. The City is currently embarking on restoring and resurfacing all three of these pools. These pools appear to be standard gunnite/shotcrete pools with rows of lap tiles on the bottom and border tiles along the rims. The City is currently working with an engineer to develop plans and specifications for the pool resurfacing at this facility. NV5 provided a constructability review of the pending plans and specifications, and will provide construction management and inspection during pool restoration.

Heritage Park Community Center Exterior Rehab and Painting CITY OF IRVINE | IRVINE, CA
Project Engineer. Mr. Pham is serving as Project Engineer for the exterior rehabilitation and painting of the Heritage Park Community Center, the Metal Maintenance Building, and the Fine Arts Center. Both centers are located within the Heritage Community Park, which offers open space, lake views, playground amenities, and a variety of classes to the community.

There is also a metal shed to the east of the Community Center on the opposite side of the parking lot.

Cerritos Avenue & South Street Water Main Replacement
CITY OF ANAHEIM | ANAHEIM, CA
Project Engineer. Mr. Pham provided engineering design services for the installation of new water mains at Cerritos Avenue and South Street. The project included replacing existing 10-inch Cast Iron Pipe (CIP) and 6-inch Asbestos-Cement Pipe (ACP) with approximately 2,700 LF of new 12-inch Ductile Iron Pipe (DIP) from Brookhurst Street to Nutwood Street with four tie-in connections to existing water mains; replacing existing 8-inch CIP with approximately 350 LF of new 12-inch DIP from Disneyland Drive to Hazelwood Street with three tie-in connections to existing water mains; installing nine 12- inch gate valves and four fire hydrant assemblies on the new 12-inch mains; disconnecting and removing four hydrants on the existing mains; and replacing all existing lateral domestic water services on the existing 8- and 10-inch CIP and 6-inch ACP with new services on the 12-inch DIP.
8-inch & 12-inch Water Main and 24-inch Sewer Transmission Main CITY OF EL MONTE | EL MONTE, CA
Project Engineer. Mr. Pham is assisting the Project Manager with engineering and coordination services for the SCRRA Metrolink Commuter Rail Expansion SCORE Phase I project, which will require retrofitting of three independent casings crossing underneath the newly proposed railroad tracks.

Sewer Line Crossing at Johnson Avenue and the Railroad
CITY OF EL MONTE | EL MONTE, CA
Project Engineer. Mr. Pham is providing emergency engineering design services for the Sewer Line Crossing at Johnson Avenue and the Railroad. Due to an additional railroad track proposed by SCRRA, the City must encase an 8-inch gravity sewer line that runs north from Johnson Avenue underneath the railroad tracks to the alley beyond. A new 12-inch sewer main will be jack and bored at the southern limit of the railroad right-of-way at Johnson Avenue, underneath the existing and future railroad rails, overtop the slot within the Los Angeles County Flood Control District’s existing storm drain, to the alley just north of the existing railroad right-of-way. Services include preparing the plans, specifications and estimate; utility research; preparing plans for temporary water high lining and sewer bypassing to keep the facilities online during construction; land surveying; geotechnical report; and coordination with the railroad.

Presidio Valve and Pipeline Replacement
SOUTH COAST WATER DISTRICT | SAN CLEMENTE, CA
Project Engineer. Mr. Pham is providing engineering services for the design of the Presidio Valve and Pipeline Replacement project, which includes replacing existing 18-inch and 24-inch butterfly valves with 30-inch butterfly valves and 24-inch and 8-inch gate valves and replacing approximately 765 LF of existing 30-inch CCP Water Transmission Main with a 12-inch PVC C900 Water Main.

Delivering Solutions — Improving Lives NV5 | 2
RESUME
Sewer Main Along Portuguese Bend
CITY OF ROLLING HILLS | ROLLING HILLS, CA
Project Engineer. Mr. Pham is providing engineering design services for the 8-inch Sewer Main along Portuguese Bend Road/Rolling Hills Road. The City evaluated the feasibility of connecting a portion of the City to a nearby existing wastewater conveyance system. Based on the sewer feasibility study, it was recommended to install a new 8-inch sewer main along Portuguese Bend Road and upgrade the existing sewer main along Rolling Hills Road to a 10-inch and 12-inch sewer main prior to connecting to the Los Angeles County Trunk line.

CIP Water Main Projects
OCEANO COMMUNITY SERVICE DISTRICT | OCEANO, CA
Project Engineer. Mr. Pham provided plans, specifications and cost estimates for a total of 6,000 LF of water main replacement/construction at various locations. Improvements included construction of new water pipes, fittings and appurtenances. Some of the pipes required jack-and-bore due to railroad crossings and Caltrans Right-of-Way. The projects included coordination with UPRR, Caltrans and utility companies for project permits and approval.

Harbor Boulevard Force Main
CITY OF VENTURA | VENTURA, CA
Project Engineer. Mr. Pham provided plans, specifications and cost estimates for the construction of 8,000 LF new sewer force main on Harbor Boulevard from Seward Avenue to Figueroa Street. Improvements included construction of two new parallel 20-inch force mains, installation of air release vaults and reconstruction of concrete street pavement.

Havenhurst Drive and Fountain Avenue Traffic Signal
CITY OF WEST HOLLYWOOD | WEST HOLLYWOOD, CA
Project Engineer. Mr. Pham provided plans and cost estimates for the street rehabilitation of this intersection improvement project. Improvements included new ADA curb ramps, sidewalk, bulb-out (curb extension), and new AC pavement.

Concrete Street Pavement Reconstruction
CITY OF NEWPORT BEACH | NEWPORT BEACH, CA
Project Engineer. Mr. Pham provided plans, specifications and cost estimates for concrete street rehabilitation.

Improvements included construction of new concrete pavement and sidewalk and installation of new storm drain pipes and catch basins.

Citywide Curb Ramp Program
CITY OF LONG BEACH | LONG BEACH, CA
Project Engineer. Mr. Pham provided plans for construction of 50 curb ramps in the City. Improvements included new curb ramp construction and reconstruction of asphalt pavement, landscape, signage and striping.

Lasselle Street Improvements
CITY OF MORENO VALLEY | MORENO VALLEY, CA
Design Engineer/CAD Technician. Mr. Pham drafted street improvement plans including new curb ramps, curbs and gutters, cross gutters, and the application of high-friction surface treatment to reduce run-off-the-road collisions for Lasselle Street within the project limits.

Modjeska Park Stormwater Improvements
CITY OF ANAHEIM | ANAHEIM, CA
Design Engineer/CAD Technician. Mr. Pham drafted grading plans for the park’s parking lot and the curb ramps in the public right-of-way. The project utilized the footprint of an existing 37,000-square-foot parking lot to capture and infiltrate approximately 182 acre feet of dry weather urban runoff and first flush stormwater into the City’s groundwater each year.

This is water that would otherwise flow untreated to the Bolsa Chica Channel and eventually to the Pacific Ocean. The City removed existing asphalt concrete (AC) pavement, installed an underground, pre-cast infiltration/retention facility and larger stormwater pipes, and repaved the lot utilizing pervious surfaces. The proposed system allowed water that flows into the Watershed to instead percolate into the groundwater, removing pollutants.

Delivering Solutions — Improving Lives NV5 | 3
RESUME
San Juan Water and Sewer Improvements
CITY OF FULLERTON | FULLERTON, CA
Design Engineer/CAD Technician. Mr. Pham drafted the street improvement plans (plans and profile) for this project. The scope of work included new full-depth pavement, curb and gutters, curb ramps, and median repairs. The project’s scope included removing existing and installing new sewer and water and constructing new street pavement and other related work.

Horizon Drive Sewer
SANTA YNEZ COMMUNITY SERVICES DISTRICT | SANTA YNEZ, CA Project Engineer. Mr. Pham provided plans and cost estimates for the construction of 2,000 LF of gravity sewer.

Improvements included construction of new 8-inch sewer main, laterals, asphalt pavement reconstruction, private driveways and landscape re-installation.

Rural Ridge Circle and Wilshire Avenue Water Main Replacement CITY OF ANAHEIM | ANAHEIM, CA
Assistant Construction Manager. Mr. Pham is assisting the Construction Manager during the construction of this water main replacement project. The work to be undertaken consists of two water main improvement areas: the Rural Ridge area and Wilshire-Pearl area. The Rural Ridge improvement area includes installation of a 12-inch PVC pipe (1,560 LF) on Rural Ridge Drive/E. Rural Ridge Circle from Nohl Ranch Road to Westridge Pump Station, an 8-inch PVC pipe (1,820 LF) on E. Rural Ridge from S. Rural Ridge Drive to E. Willowick Drive, an 8-inch PVC pipe (480 LF) on Santiago Way from E. Rural Ridge Drive to the end of the cul-de-sac, and a 6-inch PVC pipe (370 LF) on Silverado Way to the end of the culde-sac. The Wilshire-Pearl improvement area includes installation of 12-inch Ductile-Iron pipe (1,915 LF) on N. Wilshire Avenue from N. Loara Street to N Pearl Street, and 8-inch Ductile-Iron pipe (825 LF) on Pearl Street from N. Wilshire Avenue to N. Dwyer Place.

Shady Lane, Olive Street and Country Hill Road Water Main Replacement CITY OF ANAHEIM | ANAHEIM, CA
Assistant Construction Manager. Mr. Pham is assisting the Construction Manager during the construction of this water main replacement project. This project consists of three independent areas of Water Main Replacement within the sensitive residential areas of Country Hill Road, Olive Street, and Shady Lane. There will be approximately 3,960 LF of 12-inch, 10-inch, 8-inch and 6-inch C909 PVC and DIP waterline, line-stops, and new services to be installed. This will additionally involve the standard water main replacements including: shutdowns; dewatering; excavation; placement of the water mains, valves, and appurtenances; disinfection; and pressure testing — followed by final street restoration under the direction of APU with NV5’s assistance for Construction Management and Resident Engineering Services.

La Palma Avenue and Tustin Avenue Water Main Replacement at OCTA Railway Crossing CITY OF ANAHEIM | ANAHEIM, CA
Assistant Construction Manager. Mr. Pham is assisting the Construction Manager during the construction of the City’s La Palma Avenue and Tustin Avenue Water Main Replacement at OCTA Railway Crossing project. Metrolink with the Orange County Transportation Authority is expanding the Anaheim Canyon Metrolink Station, which includes the addition of a train track crossing at both La Palma Avenue and Tustin Avenue. The water main replacement project involves bore and jack installation of two new water mains underneath the OCTA railroad track in La Palma Avenue and Tustin Avenue, followed by the abandonment of the existing water mains that will now be too shallow and are not adequately reinforced to carry the load underneath the proposed train track. The project includes close coordination with the City, OCTA, Metrolink, Southern California Regional Rail Authority (SCRRA), among other agencies.

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EXHIBIT A
Consultant’s Scope of Services

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

Agenda Item F

AGENDA STAFF REPORT
DATE: February 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Emergency Pier Repairs: Awarding and Authorizing a Professional Services Agreement with Anser Advisory
Management, LLC, Awarding and Authorizing a Public
Works Agreement with Jilk Heavy Construction, Inc. for the Seal Beach Pier Emergency Repair, CIP EM2023, Based on
the State and Local Declarations of Emergency Relating to Storms and High Tides
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7371:

1. Declaring that the Seal Beach Pier Emergency Repair, CIP EM2023, is urgently necessary for the preservation of property of the City based on the City Manager’s Declaration of Local Emergency on January 17, 2023, and that contracts for repairs to the Seal Beach Pier are exempt from public bidding requirements; and,

2. Authorizing the City Manager to execute a professional services agreement with Anser Advisory Management, LLC in the amount of $217,336 to provide professional project management services; and,

3. Authorizing the City Manager to execute a public works agreement with Jilk Heavy Construction, Inc., without advertising for bids, in the amount of $1,083,624 to perform emergency repair work; and,

4. Authorizing the City Manager to approve additional work requests up to $200,000, and inspection services up to $100,000, in connection with the Project, in the cumulative not-to-exceed amount of $300,000; and,

5. Approving Budget Amendment BA #23-08-01 in the amount of $1,600,960.

BACKGROUND AND ANALYSIS:

Beginning late December 2022 through early 2023, and predicted to continue into February 2023, the City has experienced atmospheric rivers resulting in heavy rainstorms and high surfs. Impacts included sand berm breaching, flooding, and damage to the Seal Beach Pier (Pier).

On January 4, 2023, and January 16, 2023, Governor Newsom proclaimed states of emergency throughout the State of California to support ongoing response to winter storms.

From December 21, 2022 through January 16, 2023, the City received significant rain, flooding and winds. On January 5, 2023, the City experienced rare and repeated sets of high surfs of over 15 feet. This caused substantial damage to the Pier, including the boat ramp, multiple structural piles and several cross members.

As a result, the Director of Public Works proceeded to address the damage on an emergency basis for preservation of City property.

The Pier assessment noted necessary immediate repairs to ensure structural integrity, prevent further damage, and reestablish the iconic coastal accessway.

Accordingly, staff solicited a proposal from Anser Advisory Management, LLC (Anser) to provide project management services. Anser was previously retained as the construction manager to rebuild the fire-damaged Pier in 2016, and has indepth knowledge of the Pier. Anser’s proposal is in the amount of $217,336. Staff is seeking authorization to enter into a project management contract with Anser without a formal solicitation based on the emergency conditions. Professional services are typically exempt from the bidding requirements in the Municipal Code.

Staff further solicited an emergency pier repair proposal from Jilk Heavy Construction, Inc. (Jilk), formerly known as John S. Meek Company. Jilk specializes in piers, wharfs, and was also the contractor that reconstructed the Seal Beach Pier after the 2016 fire. Jilk is a leading authority in timber pier construction, has intimate knowledge of the Pier, thereby making them appropriate for this emergency work. The repair work is estimated to be in the amount of $1,083,624, which is consistent with prevailing industry costs, but will be refined based on ongoing discussions and evaluation. Staff is seeking authorization to enter into a public works construction agreement with Jilk based on the emergency declaration as an exception to the competitive bidding process.

The first element in the critical path schedule is to procure the structural pile material. Due to widespread supply chain issues, it is anticipated that the replacement piles will arrive in approximately 10 weeks from the notice to proceed.

The installation duration is estimated at six (6) weeks, with the intent to complete the repair work prior to Memorial Day 2023.

Staff also recommends authorizing the City Manager to approve additional work requests up to $200,000 and inspection services up to $100,000, in the cumulative not-to-exceed amount of $300,000.

ENVIRONMENTAL IMPACT:

This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 subsection (d) of the CEQA Guidelines.

LEGAL ANALYSIS:

The City Attorney has approved the agreements and resolution as to form.

FINANCIAL IMPACT:

Budget Amendment BA #23-08-01 will allocate $1,600,960 from the General Fund Reserve. Staff will be pursuing all viable emergency recovery and insurance reimbursements for expenditures related to the winter storms.

The table below presents the estimated breakdown of the Project’s construction cost:

Description Amount
Project Management
Construction
$ 217,336
$ 1,083,624
Contingency $ 200,000
Inspection/Testing $ 100,000
Total $ 1,600,960
STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Description Project Account Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Capital Projects EM2023ex301-106Pier 301-500-0333-55000 $ 2,620,500 $ 4,221,460 $ 1,600,960 Transfer In - CIP EM2023ex301-106Pier 301-000-0000-49100 $ 2,620,500 $ 4,221,460 $ 1,600,960 Transfer Out - CIP EM2023ex301-106Pier 106-500-0863-59100 $ - $ 1,600,960 $ 1,600,960 Transfer In - CIP EM2023ex301-106Pier 106-000-0000-49100 $ - $ 1,600,960 $ 1,600,960 Transfer Out - CIP EM2023ex301-106Pier 101-150-0080-59100 $ 2,620,500 $ 4,221,460 $ 1,600,960

RECOMMENDATION:

That the City Council adopt Resolution 7371:

1. Declaring that the Seal Beach Pier Emergency Repair, CIP EM2023, is urgently necessary for the preservation of property of the City based on the City Manager’s Declaration of Local Emergency on January 17, 2023, and that contracts for repairs to the Seal Beach Pier are exempt from public bidding requirements; and,

2. Authorizing the City Manager to execute a professional services agreement with Anser Advisory Management, LLC in the amount of $217,336 to provide professional project management services; and,

3. Authorizing the City Manager to execute a public works agreement with Jilk Heavy Construction, Inc., without advertising for bids, in the amount of $1,083,624 to perform emergency repair work; and,

4. Authorizing the City Manager to approve additional work requests up to $200,000, and inspection services up to $100,000, in connection with the Project, in the cumulative not-to-exceed amount of $300,000; and,

5. Approving Budget Amendment BA #23-08-01 in the amount of $1,600,960.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:

A. Resolution 7371
B. Anser Advisory Management, LLC Professional Services Agreement C. Jilk Heavy Construction, Inc. Public Works Agreement RESOLUTION 7371

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

DECLARING THAT THE SEAL BEACH PIER EMERGENCY PIER
REPAIR (CIP EM2023) IS EXEMPT FROM PUBLIC BIDDING ON

THE BASIS THAT THE WORK IS OF URGENT NECESSITY TO
PROTECT PUBLIC PROPERTY; AWARDING AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH ANSER
ADVISORY MANAGEMENT, LLC; AWARDING AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC

WORKS AGREEMENT WITH JILK HEAVY CONSTRUCTION,
INC.; AND APPROVING BUDGET AMENDMENT BA #23-08-01
TO ALLOCATE $1,600,960
WHEREAS, on January 4, 2023, Governor Newsom proclaimed a state of emergency throughout California to support the ongoing response to winter storms; and,
WHEREAS, on January 5, 2023 and continuing thereafter, the Seal Beach Pier (“Pier”) was damaged due to the heavy winter storms and extreme high surf conditions; and,
WHEREAS, the Director of Public Works determined that as a result of the Pier damage, there was an imminent need for the City to make repairs, and the Director of Public Works thereupon declared an emergency finding the Seal Beach Pier Emergency Repairs (“Project”) was of urgent necessity for the preservation of property, and that there would not be sufficient time for public bidding in order to carry out the work; and,
WHEREAS, the City Manager/Director of Emergency Services has declared a Local Emergency on January 17, 2023 which has been ratified by the City Council; and,
WHEREAS, the City desires to retain a consultant to provide project management services, and a contractor to perform emergency repair services for the Project; and,
WHEREAS, on January 17, 2023, Anser Advisory Management, LLC (Anser) submitted a proposal to provide professional project management services for the Project; and,
WHEREAS, on January 20, 2023, Jilk Heavy Construction, Inc. (Jilk) submitted a cost proposal to perform emergency repair work for the Project; and, WHEREAS, Anser and Jilk are qualified firms to perform the Project; and, WHEREAS, the City’s Charter Sections 107 and 1010 authorize the City to dispense with public bidding as necessary for the preservation of property, and Seal Beach Municipal Chapter 3.25 also exempts emergency projects from bidding requirements.

THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS:

SECTION 1. Based on the recitals set forth above, the City Council hereby declares that the Seal Beach Pier Emergency Repair (CIP EM2023) is necessary for the preservation of property of the City, and the City Council has ratified the local declarations of emergency.

SECTION 2. The City Council hereby authorizes the City Manager to execute a professional services agreement with Anser Advisory Management, LLC to provide professional project management services for the Seal Beach Pier Emergency Repair (CIP EM2301), pursuant to Seal Beach Municipal Code 3.20.025 (C), for a total not-to-exceed amount of $217,336.

SECTION 3. The City Council hereby authorizes the City Manager to execute a public works agreement with Jilk Heavy Construction, Inc., without advertising for bids, for a total not-to-exceed amount of $1,083,624.

SECTION 4. The City Council hereby authorizes the City Manager to approve payments in for additional work requests in connection with the Project in the cumulative not-to-exceed amount of $200,000.

SECTION 5. The City Council hereby authorizes the City Manager to approve payments for inspection and testing in connection with the Project in the cumulative not-to-exceed amount of $100,000.

SECTION 6. The City Council hereby approves Budget Amendment #BA 23-08- 01 allocating $1,600,960 to account number EM2023ex-301-101, as follows:

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution.

Description Project Account Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
Capital Projects EM2023ex301-106Pier 301-500-0333-55000 $ 2,620,500 $ 4,221,460 $ 1,600,960 Transfer In - CIP EM2023ex301-106Pier 301-000-0000-49100 $ 2,620,500 $ 4,221,460 $ 1,600,960 Transfer Out - CIP EM2023ex301-106Pier 106-500-0863-59100 $ - $ 1,600,960 $ 1,600,960 Transfer In - CIP EM2023ex301-106Pier 106-000-0000-49100 $ - $ 1,600,960 $ 1,600,960 Transfer Out - CIP EM2023ex301-106Pier 101-150-0080-59100 $ 2,620,500 $ 4,221,460 $ 1,600,960 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of February, 2023 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7371 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 13th day of February, 2023.

Gloria D. Harper, City Clerk

PROFESSIONAL SERVICES AGREEMENT
for
Professional Project Management Services
for
Seal Beach Pier Emergency Repair
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Anser Advisory Management, LLC
2677 N. Main Street, Suite 400
Santa Ana, CA 92705
(714) 276-1135
This Professional Service Agreement (“the Agreement”) is made as of February 13, 2023 (the “Effective Date”), by and between Anser Advisory Management, LLC (“Consultant”), a California limited liability company, and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 19

RECITALS
A. City desires certain professional project management services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City desires to retain Consultant as an independent contractor to provide professional project management services.

C. Consultant represents that the principal members of its firm are qualified professional engineers and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (collectively “Services”) set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.

1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.

1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant’s 3 of 19
work by the City shall not operate as a release of Consultant from such standard of care and workmanship.

1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. The term of this Agreement shall commence on February 13, 2023, and shall remain in full force and effect until December 31, 2024, unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 Consultant’s Compensation

3.1. City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not-to-exceed amount of $217,336.00 (Two Hundred Seventeen Thousand Three Hundred Thirty-Six dollars and 00/100) for the Term.

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.

4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement.
4 of 19

5.0 Termination

5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.

5.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

6.0 Party Representatives

6.1. The City Manager is the City’s representative for purposes of this Agreement.

6.2. Stephen Mutch is the Consultant's primary representative for purposes of this Agreement. Stephen Mutch shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Anser Advisory Management, LLC
2677 N. Main Street, Suite 400
Santa Ana, CA 92705
Attn: Stephen Mutch

7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and 5 of 19
certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Consultant is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and 6 of 19
subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Consultant shall indemnify and hold harmless City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”),. and the regulations of PERS. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected and appointed officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, 7 of 19
damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section

10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s indemnification and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Confidentiality

11.1. Consultant covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, or other information (collectively “Data & Documents”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

11.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

11.3. Consultant’s covenants under this Section shall survive the termination or expiration of this Agreement.

12.0 Ownership of Documents and Work Product

12.1. All Data & Documents shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City.

All Data & Documents shall be considered “works made for hire,” and all Data & Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be 8 of 19
and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Data & Documents.

12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Data & Documents that are not otherwise vested in City pursuant to the paragraph directly above this one.

12.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Data & Documents. Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Data & Documents is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions.

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Data & Documents produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (1) secure for City the right to continue using the Data & Documents and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Data & Documents and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement.

12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Data & Documents and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors.
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14.0 Prohibition Against Assignment or Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services.

Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Contractor.
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17.0 Insurance

17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:

17.2.1. Commercial General Liability Insurance: Consultant shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds;

17.2.2. Automobile Liability Insurance: Consultant shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease;

17.2.4. Professional Liability (or Errors and Omissions) Liability, with minimum limits of $1,000,000 per claim/aggregate. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

17.4. Additional Insured.
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17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents. designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. 12 of 19

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City and its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives all rights of subrogation against City.

17.10. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

17.11. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 18.0. 13 of 19

17.13. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

17.14. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c).

Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.

18.2. Other Indemnities.

18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, 14 of 19
agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.2.3. Consultant shall indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims or Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

18.4. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials.

18.5. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are 15 of 19
determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees.

18.6. Survival of Terms. Consultant’s indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law.

20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.

22.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

23.0 Severability
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The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

24.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach.

25.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

26.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

27.0 Prohibited Interests; Conflict of Interest

27.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

27.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working 17 of 19
exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

27.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

28.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

29.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

30.0 Non-Appropriation of Funds
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Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

31.0 Mutual Cooperation

31.1. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

31.2. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

32.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

33.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

34.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

35.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

CITY OF SEAL BEACH
By: _________________________
Jill R. Ingram, City Manager
Attest:

By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:

By: _________________________
Craig A. Steele, City Attorney
CONSULTANT: Anser Advisory
Management, LLC, a California limited
liability company
By: __________________________
Craig Halvorson
Regional Managing Director
By: __________________________
Giselle Navarrete
Assistant Treasurer
(Please note, two signatures required
for corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president
or any vice president, and (ii) the
secretary, any assistant secretary, the
chief financial officer or any assistant
treasurer of such corporation.)

EXHIBIT A
Consultant’s Scope of Services
A N S E R A D V I S O R Y . C O M
2677 N. Main St., Suite 400, Santa Ana, CA 92705
714.276.1135 [email protected]
January 19, 2023
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Attn: Iris Lee, PE
Public Works Director
RE: PROJECT MANAGEMENT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE SEAL

BEACH PIER EMERGENCY REPAIR PROJECT
Dear Ms. Lee,
Anser is pleased to provide this proposal to assist the City with Project and Construction Management services to support the efforts for structural review and repair to the Seal Beach pier due to recent storm events. The following fee schedule is based on anticipated levels of efforts previously discussed with yourself, the contractors approach and the structural consultants. Please review the scope of work and call me to discuss any questions or issues.

Project Understanding
Anser’s fee summary for Project Management services is based on the current understanding of the recent pier damages and anticipated efforts for the resulting investigation that is now required:
 Coordination with City staff as needed to support pier stabilization efforts  Coordination with subconsultants for stabilization and structural observations  Attend meetings with City Staff, sub consultants and others as needed  Assist with review and response to Contractor / Structural Engineers observations  Review Contractor means and methods & cost estimates
 Review subconsultants means and methods & cost estimates  Develop an observation report with photos of the services noted here  Coordination with City’s insurance team as needed
 Contact local permitting (Coastal Comm) agency as needed.  Design drawings are not required for pile replacement/installation elements Construction Assessment & Construction Management Services The following outlines Anser’s Construction Management efforts to manage the reconstruction/repair efforts on the pier:
 Coordinate and monitor contractor mobilization, staging, and laydown activities  Coordinate project pre-construction and construction kick-off meetings as needed  Manage regular construction progress meetings with agenda and meeting minutes  Prepare daily reports of inspection and testing progress with photo documentation  Verify subconsultant’s performance follows contract and project scope requirements A N S E R A D V I S O R Y . C O M
2677 N. Main St., Suite 400, Santa Ana, CA 92705
714.276.1135 [email protected]
 Review and manage project document control
 Review/transmit project submittals and RFI’s
 Review and manage contractor change order requests and negotiations  Site monitoring and coordination of inspection and testing activities  Verify subconsultant is following site safety and good housekeeping practices  Review and approval of subconsultant’s report and documentation deliverables  Provide and present inspection and testing reports to City for their use and reference  Work with the City’s community outreach group as needed for the project.

Fee Summary
Anser’s fee summary for Project Management and Construction management services is based on a 5-month construction support duration (January through May 2023) and subsequent closeout and staff support for insurance and other meetings. Anser has also shown a period of time for construction closeout efforts and additional support for meetings with the insurance representatives and other City staff.

We are sensitive to the City’s intent to have the pier remain open to the public during the repairs and will coordinate with the contractor to accommodate this requirement. Anser assumes that Community Outreach will be provided by others.

A N S E R A D V I S O R Y . C O M
2677 N. Main St., Suite 400, Santa Ana, CA 92705
714.276.1135 [email protected]
We look forward to working with the City of Seal Beach on this project. Should you have any questions on this scope of work or cost proposal, please contact myself directly via email or by calling my cell phone at (562) 743-9420.

Sincerely,
Stephen Mutch, PE
Director of Environmental Services
CC: Tyson Atwood
Benjamin Torres
Chris Heidel
Jason Rechlecki

EXHIBIT B

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

PUBLIC WORKS AGREEMENT

SEAL BEACH PIER EMERGENCY REPAIR
PROJECT CIP NO. EM2023
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Jilk Heavy Construction, Inc.
500 S. Kraemer Boulevard, Suite 380
Brea, CA 92821-6779
(310) 830-6323
(310) 835-2163 - FAX
THIS CONTRACT (“Contract”) is made as of February 13, 2023, by and between the City of Seal Beach, a California charter city (“City”), and Jilk Heavy Construction, Inc., a California corporation (“Contractor”) (collectively, “the parties” and individually, a “party”).
2 RECITALS
A. WHEREAS, the City Council of the City of Seal Beach (“City”) approved the contract documents for the Seal Beach Pier Emergency Repair, CIP EM2023, (“Project”); and
B. WHEREAS, Contractor submitted a Bid to City for the Project dated January 20, 2023 in the amount of $1,083,624 (“Bid” hereinafter) pursuant to the City Manager’s Declaration of Local Emergency dated January 17, 2023, which was subsequently ratified by the City Council on January 23, 2023; and C. WHEREAS, Contractor is a California licensed General Engineer (“A”) and General Building (“B”) Contractor (State Contractor's license number (License #709151), DIR # 1000002928 and
D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0.

NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

CONTRACT

1. Contractor’s Services.

1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as Seal Beach Pier Emergency Repair (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2.

1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete 3 the Work in a substantial and acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), Standard Specifications and Reference Documents (Exhibit G), Non-Collusion Declaration (Exhibit H), Contractor’s Industrial Safety Record (Exhibit I), Declaration of Subcontractors (Exhibit J), and Accepted Bid Proposal with Bid Sheets (Exhibit K). All Contract Documents are hereby incorporated into this Contract.

1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City.

1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail.

2. Effective Date. This Contract is effective as of February 13, 2023 (the “Effective Date”), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract.

3. Contractor’s Compensation.

3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $1,083,624 (One Million Eighty-Three Thousand Six Hundred Twenty Four dollars and 00/100), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.

3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council, subject to the not-to-exceed amount set forth in Section 3.1. Payment for additional work in excess of the total amount approved by the City Council shall require additional City Council approval.
4 4. Contractor’s Personnel.

4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code.

4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, prevailing wages, workers’ compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers’ compensation law and the California Labor Code regarding Contractor and Contractor’s employees.

4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of labor or personnel practices.

4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract.

4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 4.

5. Indemnification.

5.1 Contractor’s Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, licensees, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses 5 of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications.

5.2 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2.

5.3 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any Bid protest.

5.4 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

5.5 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or 6 similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

5.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

5.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract.

5.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties.

5.9 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

6. Insurance.

6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference:
7 6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.

6.1.2 Exhibit D-2: Additional Insured Endorsement -
Automobile Liability.

6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:

6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B).

6.2.4 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Coverage for claims under U.S.

Longshore and Harbor Workers’ Compensation Act, if required under applicable law, shall be included.

6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier.

6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than:

6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit.

6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage.

6.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law.

6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, licensees, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City. 8 6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements.

6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time.

6.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance.

6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

6.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it.

6.8.2 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
9 6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City.

6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials.

6.9 Acceptability of Insurers. Insurance is to be placed with insurers admitted in California with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager.

6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents.

6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.

6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6.

7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract Documents, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $1,000.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety. 10 Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages.

8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor’s Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract.

9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows:

If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:

Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: Jilk Heavy Construction, Inc.
500 S. Kraemer Boulevard, Suite 380
Brea, CA 92821
Telephone: (310) 830-6323
Fax: (310) 835-2163
Attn: James F. Jilk

10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect.

11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services.

12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of 11 any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

13. Attorneys’ Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees.

14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract.

15. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto.

17. Claim Dispute Resolution.

17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.
12 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.

18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

19. Prohibited Interests; Conflict of Interest

19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement.

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during 13 the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.

20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract.

21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract.

22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

EXHIBIT A

FAITHFUL PERFORMANCE BOND
Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Seal Beach (“City”), has awarded to

(“Principal”)

(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

SEAL BEACH PIER EMERGENCY REPAIR, CIP EM2023

(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
,

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of

Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)

“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

EXHIBIT B

PAYMENT BOND (LABOR AND MATERIALS)
Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Seal Beach (“City”), State of California, has awarded to

(“Principal”)

(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

SEAL BEACH PIER EMERGENCY REPAIR, CIP EM2023

(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)

“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

EXHIBIT C
WORKER’S COMPENSATION INSURANCE CERTIFICATE
WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE
WHEREAS, the City of Seal Beach (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Seal Beach
City Hall
211 8th Street
Seal Beach, California 90740
The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative
EXHIBIT D-1

ADDITIONAL INSURED ENDORSEMENT

COMMERCIAL GENERAL LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY]

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
□ General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
EXHIBIT D-2

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY]

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
EXHIBIT D-3

ADDITIONAL INSURED ENDORSEMENT
[INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED]

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 Eighth Street
Seal Beach, California 90740

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

EXHIBIT E

ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING

CONTRACTOR LICENSING LAWS

EXHIBIT F

AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS

EXHIBIT G

STANDARD SPECIFICATIONS AND REFERENCE DOCUMENTS

1. Standard Specifications for Public Works Construction (“Greenbook”)

2. Construction Specifications Institute (“CSI”)

3. CIP BP1002 Pier Upgrades

4. CIP BP1103 Pier Structural Assessment Implementation

5. CIP 863 50217 Seal Beach Pier Deck Rehabilitaiton

EXHIBIT H

NON-COLLUSION DECLARATION

EXHIBIT I
CONTRACTOR’S INDUSTRIAL SAFETY RECORD

EXHIBIT J

DESIGNATION OF SUBCONTRACTORS

DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Name under which
Subcontractor is
Licensed
and Registered
CSLB License
Number(s) and
Class(es)
DIR Contractor
Registration
Number
Address and Phone Number Type of Work
(e.g., Electrical)
Percentage of Total
Bid (e.g., 10%)1

1 The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).

EXHIBIT K

BID PROPOSAL

Agenda Item G

AGENDA STAFF REPORT
DATE: February 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Bailey, Marine Safety/Lifeguard Chief
SUBJECT: Uniforms for the Pool and Beach Lifeguards and the Junior Lifeguard Program
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7372:

1. Approving a three (3) year uniform purchase agreement with Boardriders Wholesale; and,

2. Authorizing the City Manager to enter into an agreement with Boardriders Wholesale to purchase Marine Safety Uniforms in a not-to-exceed amount of $27,184.25 annually for FY 2022-2023, 2023-2024, and 2024-25.

BACKGROUND AND ANALYSIS:

Each year the Marine Safety Department purchases new uniforms for Beach, Pool, and Junior Lifeguards. Over the last three (3) years we have used Boardriders Wholesale (Quicksilver), as they provide a top-quality product at a low price.

Per the City’s purchasing rules, to the requirement is to obtain three (3) bids annually; however, there are too few companies that are able to supply all of the items required each year. The uniforms include, shorts, shirts, jackets, backpacks, hats, but the items are different for Junior Lifeguards, Pool, and Beach Lifeguards.

The procurement process has become increasingly difficult over the years as some companies refuse to provide a bid due to the amount of work required. Staff hopes to solve the issue moving forward by entering into a three-year contract with (Quicksilver), with the price guaranteed for the term of the agreement.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

The proposed three (3) year contract will cost is $27,184.25 annually. This is the guaranteed price for the term of the three (3) year agreement. For fiscal year 2022- 23 this item is included in the budget and if approved, will be included in fiscal years 2023-24 and 2024-25 budgets.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7372:

1. Approving a three (3) year uniform purchase agreement with Boardriders Wholesale; and,

2. Authorizing the City Manager to enter into an agreement with Boardriders Wholesale to purchase Marine Safety Uniforms in a not-to-exceed amount of $27,184.25 annually for FY 2022-2023, 2023-2024, and 2024-25.

SUBMITTED BY: NOTED AND APPROVED:

Joe Bailey Jill R. Ingram
Joe Bailey, Marine
Safety/Lifeguard Chief
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Resolution 7372
B. Boardriders Wholesale Proposal/Bid
C. Kap7 Proposal/Bid
D. Original Waterman Proposal/Bid
RESOLUTION 7372

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING UNIFORM PURCHASE AGREEMENT WITH

BOARDRIDERS WHOLESALE, FOR MARINE

SAFETY/LIFEGUARD UNIFORMS
WHEREAS, each year the Marine Safety Department purchases new uniforms for Beach, Pool, and Junior Lifeguards. Over the last three (3) years we have used Boardriders Wholesale (Quicksilver), as they provide a top-quality product at a low price; and,
WHEREAS, per the City’s purchasing rules, to the requirement is to obtain three (3) bids annually; however, there are too few companies that are able to supply all of the items required each year. The uniforms include, shorts, shirts, jackets, backpacks, hats, but the items are different for Junior Lifeguards, Pool, and Beach Lifeguards; and,
WHEREAS, the procurement process has become increasingly difficult over the years as some companies refuse to provide a bid due to the amount of work required. Staff hopes to solve the issue moving forward by entering into a threeyear contract with (Quicksilver), with the price guaranteed for the term of the agreement.

NOW, THEREFORE, THE SEAL BEACH CITY COUNIL DOES HEREBY
RESOLVE:

Section 1. The Approval of a a three (3) year uniform purchase agreement with Boardriders Wholesale.

Section 2. The authorization of the City Manager to enter into an agreement with Boardriders Wholesale to purchase Marine Safety Uniforms in a not-to-exceed amount of $27,184.25 annually for fiscal years 2022-23, 2023-24 and 2024-25.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of February, 2023 by the following vote:

AYES: Council Members: _____________________________________ NOES: Council Members: _____________________________________ ABSENT: Council Members: _____________________________________ ABSTAIN: Council Members: _____________________________________ Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7372 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 13th day of February, 2023 Gloria D. Harper, City Clerk

Agenda Item H

AGENDA STAFF REPORT
DATE: February 13, 2023
TO: Honorable Mayor and City Council
FROM: Jill R. Ingram, City Manager
SUBJECT: Third Amendment to Legal Services Agreement with Richards, Watson & Gershon
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7373:

1. Approving the Third Amendment to the Legal Services Agreement with Richards, Watson & Gershon; and,

2. Authorizing the City Manager to execute the amendment on behalf of the City.

BACKGROUND AND ANALYSIS:

Attorneys from Richards, Watson & Gershon have been serving as City Attorney since 1972, as well as counsel to the Successor Agency to the Redevelopment Agency and other subsidiary agencies. Craig Steele has served as City Attorney since May of 2015. Craig has informed the City Council and staff that he and his wife will be relocating to Central California later in 2023. Craig will be working from the firm’s office in San Luis Obispo. RWG has requested that the City Council approve the appointment of Nicholas Ghirelli as the City Attorney.

Mr. Ghirelli is an Orange County resident and works from the firm’s Orange County office. A shareholder in the firm, Mr. Ghirelli is the City Attorney for the City of Rancho Cucamonga and assistant chair of the firm’s Public Law Department. He has worked with the Seal Beach Public Works Department staff for several years on storm water and water quality issues. The rest of the RWG team serving the City will remain the same, and Craig Steele would continue to work with the City in the status of senior counsel on those legal issues he is currently handling.

No other change is proposed to the existing agreement.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

RWG prepared the proposed contract amendment, but the City Attorney has abstained from providing legal advice on this item.

FINANCIAL IMPACT:

There is no fiscal impact associated with the change.

RECOMMENDATION:

That the City Council adopt Resolution 7373:

1. Approving the Third Amendment to the Legal Services Agreement with Richards, Watson & Gershon; and,

2. Authorizing the City Manager to execute the amendment on behalf of the City.

SUBMITTED BY:

Jill R. Ingram
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Resolution 7373
B. Third Amendment to Legal Services Agreement
RESOLUTION 7373

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING THE THIRD AMENDMENT TO THE LEGAL

SERVICES AGREEMENT WITH RICHARDS, WATSON &

GERSHON AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT ON BEHALF OF THE CITY.

THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE:

Section 1. The Third Amendment to the Legal Services Agreement between the City, the Redevelopment Agency, and Richards, Watson & Gershon in the form attached hereto as Exhibit A is hereby approved.

Section 2. The City Manager is authorized to execute the Third Amendment on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of February, 2023 by the following vote:

AYES: Council Members: _____________________________________ NOES: Council Members: _____________________________________ ABSENT: Council Members: _____________________________________ ABSTAIN: Council Members: _____________________________________ Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7373 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 13th day of February, 2023.

Gloria D. Harper, City Clerk

EXHIBIT A

THIRD AMENDMENT TO THE

AGREEMENT FOR LEGAL SERVICES

FOR THE CITY OF SEAL BEACH AND AGENCIES OF THE
CITY OF SEAL BEACH DATED JUNE 25, 2007
That certain agreement for legal services dated June 25, 2007 between the City of Seal Beach, the Redevelopment Agency of the City of Seal Beach and Richards, Watson & Gershon, as previously amended, (“Agreement”) is hereby amended as follows, to be effective as of March 1, 2023:

1. Section 2, “City Attorney and Successor Agency Counsel” is hereby amended in its entirety to read as follows:
“Craig Steele Nicholas Ghirelli is designated as the City Attorney, and counsel to the Successor Agency to the Redevelopment Agency of the City of Seal Beach and other City agencies and authorities. Craig Steele is designated as Senior Counsel. The parties understand and agree that the Firm may, from time to time, utilize other attorneys within the Firm to assist Mr. Ghirelli Steele in the performance of legal services.”

3. Every provision of the Agreement not changed by this Third Amendment shall remain in full force and effect.

IN WITNESS WHEREOF, the duly authorized representatives of the parties have caused this Agreement to be executed as of the dates indicated below. [SIGNATURES ON FOLLOWING PAGE]

CITY OF SEAL BEACH
DATE: February 13, 2023 By_____________________________ JILL R. INGRAM, CITY MANAGER
ATTEST:
_____________________________________

GLORIA HARPER, CMC, CITY CLERK

RICHARDS, WATSON & GERSHON
A Professional Corporation
By______________________________
CRAIG A. STEELE, PRESIDENT
Agenda Item I

AGENDA STAFF REPORT
DATE: February 13, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Declaration of Surplus Land
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7374, declaring that 4197 Ironwood Avenue meets the definition of “surplus land” under Government Code Section 54221(b), finding that such declaration is exempt from review under the California Environmental Quality Act (“CEQA”), and directing staff to send a notice of availability to designated entities.

BACKGROUND AND ANALYSIS:

In July 2014, the City purchased a single-family home in the College Park East (CPE) neighborhood, located at 4197 Ironwood Avenue, for a net total of $762,676.

The home has three bedrooms, and two and a half baths, and sits on a 5,200 square foot lot. The purchase was the result of a series of actions, stemming back to the 2008 Master Plan of Drainage which estimated about $100 million, in 2008 dollars, of drainage infrastructure needs citywide. Working with staff to prioritize the demands, the City Council allocated $5 million at the time to address stormwater infrastructure deficiencies citywide allowing some much-needed projects to advance, including $1.7 million in improvements on Candleberry Avenue in CPE, which was completed in December 2009.

In 2011, staff suggested the City Council set aside funding to purchase a property in CPE that could potentially be used as a site to improve the stormwater network, and in 2014, the Ironwood property was purchased for that proposed use. Since that time, additional focused studies have been performed, and the estimated costs to mitigate stormwater deficiencies have increased dramatically, with estimates upwards of $50 million. Given the extraordinary cost of completing these stormwater mitigation projects, there is little likelihood that the subject property would be used for the intended purpose. As such, the subject property is not needed for governmental purposes.

After purchase of the property, the City was able to lease it to a residential occupant, and the property has been earning income for the last several years.

The most recent lease rate was $3,200 per month. Revenues, net of property management and other related costs, have been used to fund different needs including improvements to the City Hall Annex building. However, the tenant vacated the property at the end of October, and the house is sitting vacant at this time. Like any building, investment is required to keep it in good operating condition. Based on a visual assessment, a minimum of $50,000 is needed to treat some basic deficiencies such as plumbing and flooring in the home, and about $150,000 would be needed to update the home to more modern standards and potentially increase the rental rate.

Staff has analyzed the options, including performing property improvements and obtaining a new tenant, as well as selling the property, and at this time, is recommending the City Council declare the property to be “surplus land” and sell the property. Based on the information from more recent infrastructure assessments, it is now clear that the property cannot perform the function it was originally intended for, as the City does not have the necessary resources to fund the improvements. Instead, staff proposes net revenues from the sale be directed towards another infrastructure need, the West End Pump Station (WEPS), which requires at least $1 million in patchwork to continue functioning. While the housing market is experiencing a slow down due to a variety of economic factors including mortgage interest rates, staff believes the net revenue from the sale of the property should be approximately $950,000, which would provide for most of the immediate need at the WEPS.

Under the Government Code commencing with Section 54220, local agencyowned property is required to go through a specific disposition process. The City Council must first declare the property to be surplus land and unnecessary for City use, which is tonight’s recommended action. Upon adoption of Resolution XXXX, staff will follow the Government Code process and send a Notice of Availability (NoA) to relevant taxing agencies, as well as housing sponsors that have notified the California Department of Housing and Community Development of their desire to be notified of NoAs. Like many other State codes, property disposition law was updated in recent years to facilitate the development of affordable housing on surplus property. The process outlined in the Government Code is essentially to give affordable housing developers and other local entities such as schools and recreation districts a first shot at purchasing the property. The NoA period must last for at least 60 days.

Given the small size of the lot, and the single-family zoning in place, it is unlikely, though not impossible, that an affordable housing developer would be interested in the site. Should one or more express interest, the City would enter into good faith negotiations. The City is not required to accept a sales value below market rate, and can terminate the sale process at any time. Assuming the NoA process does not result in a sale of the property, the City could then proceed with listing the property for sale through standard residential real estate channels. This process, in its entirety, may take up to a year, and the City Council would approve the terms of the sale transaction.

ENVIRONMENTAL IMPACT:

Designation of this property, improved with one single family residence, as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378.

LEGAL ANALYSIS:

This item has been reviewed as to form.

FINANCIAL IMPACT:

There is no financial impact to declare the property as surplus.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7374, declaring that 4197 Ironwood Avenue meets the definition of “surplus land” under Government Code Section 54221(b), finding that such declaration is exempt from review under the California Environmental Quality Act (“CEQA”), and directing staff to send a notice of availability to designated entities.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Resolution 7374

RESOLUTION 7374

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING

CERTAIN CITY-OWNED REAL PROPERTY TO BE SURPLUS
PURSUANT TO GOVERNMENT CODE SECTION 54220, ET SEQ.,

FINDING THAT SUCH DECLARATION IS EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT, AND DIRECTING STAFF TO

TAKE RELATED ACTIONS
WHEREAS, the City of Seal Beach is the owner in fee simple of that certain real property located at 4197 Ironwood Avenue, Seal Beach, CA (Assessor Parcel Number 217-191- 09) as described in Exhibit A attached hereto (“Property”); and, WHEREAS, the Property is approximately 5,200 square feet in size, and is currently improved with a single family residence, and is not used by the City for municipal purposes nor according to a written plan adopted by the City Council for City work or operations; and,
WHEREAS, the Surplus Land Act, Government Code Sections 54220-54234, defines surplus property as land owned by any local agency that is not necessary for the agency’s use and requires that the City follow certain procedures prior to engaging in negotiations to sell land; and,
WHEREAS, the City has determined that the Property is not suitable for the City’s use; and,
WHEREAS, the City Council desires to declare that the Property is surplus land and proceed with disposition pursuant to Government Code Sections 54220 et seq.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

Section 1. The City Council of the City of Seal Beach hereby declares that the Property and any rights, title, and interest therein, is “surplus land” pursuant to Government Code Section 54221(b). The basis for this declaration is that the City cannot financially afford to utilize the Property for a City purpose, that continuing maintenance of the Property would require a significant expenditure of City funds, and the site is not included in any adopted written work plan.

Section 2. This Resolution is exempt from the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) as designation of this Property as “surplus land” does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, because the action merely designates for disposition an improved single family residential lot in a single family residential zone.

Section 3. The Council hereby directs the City Manager or authorized designee to do all things necessary to effectuate the purposes of this Resolution, including preparation and distribution a Notice of Availability (“NoA”) to the entities designated in Government Code Section 54222 as required by applicable law.

Section 4. The City Manager or authorized designee are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase or lease the Properties in compliance with applicable law.

Section 5. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the permanent records of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of February, 2023 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7374 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of February, 2023.

Gloria D. Harper, City Clerk

EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATION IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

Lot 28 of Tract No. 6572, in the City of Seal Beach, County of Orange, State of California, as per map recorded in Book 244, Page(s) 12-14, inclusive of Miscellaneous Maps, of the records of the County recorder of said County.

Except therefrom all minerals, oil, gas and other hydrocarbon substances lying below a depth of 500 feet below the surface of said land, without the right of surface entry above the depth of 500 feet from the surface, as reserved in deeds of record.

APN: 217-191-09
4197 Ironwood Avenue
Council Regular Session – February 13, 2023
Mini History
• July 18, 2014 – purchased property
$770,000 for SD Pump Station
• Current rent = $3,200/month
• October 31, 2022 – tenants vacated
property
The Issue
• House is vacant and needs work
• Existing WEPS needs immediate
patchwork to keep going
• Have not secured funding for CPE
storm drain needs, but there are
alternatives when it becomes
available
• Good time to decide whether to keep
or sell
WEPS
• Serves Old Town & The Hill
• Built in 1971, upgraded in 1997
Immediate Needs
• Updated Instrumentation & Equipment
• Costly troubleshooting
• Manual Operations/SCADA
• Reduce overtime staffing
• Generator
• Portable Pumps
Long-Range Goals
• Forebay Resizing & Trash Capture System
• Motor Replacement
• Inlet Piping
The House
• 2,263 SF house, 3
bedroom, 2.5 bath
• 5,200 SF lot
• Original 1970’s features,
good structure but
outdated
• Plumbing issues, some
mold, etc.

Options
Full renovation ~
$150,000
•Renovation duration ~ 4
months
•Estimated lease
~$5,000/month
•Net revenue after 3 years
– ($1,200)
•Net revenue after 5 years
- $111,600
Clean up ~ $50,000
•Renovation duration ~ 2
months
•Estimated lease
~$4,200/month
•Net revenue after 3 years
– $81,600
•Net revenue after 5 years
- $175,200
Sell
•No Additional Cost
•Estimated Sale Price $1M
•Fund Portion of WEPS
Disposition
• Surplus Land Act disposition process
• Council to declare surplus at regular
public meeting
• Must offer to local taxing agencies and
others for affordable housing or
recreation
• 4 to 8 months
• As-is sale price estimate - $1M
• Fund a portion of needed West End
Pump Station improvements
SLA + Listing + Transaction ~ 6-12
months
Questions?
Back up slides
Comparison
Option 1: Renovate Option 2: Clean Up Option 3: Sell As-Is Investment $150,000 $50,000 $0
Revenue $5,000/mo after 30
mos
$4,200/mo after 12
mos
$1M
Pros - On-going GF revenue
stream
- Asset holding
- On-going GF revenue
stream
- Asset holding
One-time GF revenue for
WEPS
Cons - 7.2% cap rate
- Will not generate
enough to fix flooding
issues in our lifetime
- 5.9% cap rate
- Will not generate
enough to fix flooding
issues in our lifetime
- Loss of
(underperforming) asset

RECOMMENDED ACTION
Other ways
to look at
this – cap
rate
• Based on annual net income,
property generates cap rate of 4.9%
• Not a great rate for a rental
• Ideally want to be closer to 10%
• With the full renovation idea, cap
rate still only 7.2%
Based on these numbers, this real
estate asset isn’t performing.

Other ways
to look at
this – rate of
return
• Purchased for $770,000, assume sell
for $1M
• 29% rate of return for the full term,
annualized at 3.7%
• 3.7% is substantially higher than a 5-year
bond during same time, average return
of 0.72%
• Plus, extracted income over the 8 years
The plan may not have worked, but this
was not a bad decision
1 Gloria Harper
Subject: FW: Question about Monday's agenda item
Begin forwarded message:

From: Iris Lee <[email protected]>
Date: February 10, 2023 at 2:52:16 PM PST
To: Schelly Sustarsic <[email protected]>
Cc: Jill Ingram <[email protected]>
Subject: RE: Question about Monday's agenda item

Hi Schelly,

The CPE storm drain design would generally include:

1. Pump station

2. Resizing of the storm drain lines along Ironwood, Elder, Fir, Guava as they cut across Lampson to the golf course

3. Relocation of existing utility lines and services to accommodate the improvements

4. Reconstruction/regrading of existing roadway within the affected areas

Should you have further questions, please feel free to reach out at any time.

Thank you!

Iris

From: Schelly Sustarsic <[email protected]>
Sent: Friday, February 10, 2023 2:33 PM
To: Iris Lee <[email protected]>
Cc: Jill Ingram <[email protected]>
Subject: Question about Monday's agenda item

Iris,

I wanted to ask what are the cost components of the $50 million estimate for storm drain work in CPE?

Thank you.

Schelly
Honorable Mayor and City Council
February 12, 2023
RE: Agenda Item 1 - City Council Resolution 7374 Declaring 4197 Ironwood Avenue as “surplus land” I am requesting the City Council not approve Resolution 7374.

The above property was purchased at the recommendation of city staff and the engineering design firm (AKM) in an update of the city’s Storm Drainage Master Plan in 2008. This direction was later reconfirmed in 2019 in Drainage Design Studies.

How did Seal Beach get here? It started in 2004 after a major series of storms resulted in flooding and property damage city wide. In 2005, the Council formed an Ad Hoc Committee of Citizens and staff to identify flooding problem areas and priorities. I was one of the College Park East residents on this committee. I am a licensed State of California Civil Engineer and former Public Works Director at the City of Buena Park. I also worked for Seal Beach earlier in my career in the Engineering Division. One of the recommendations on the Committee was to update the city’s Storm Drainage Master Plan – which happened in 2008.

In 2010, another major rainstorm caused flooding and property damage. My home was flooded, too. In 2011, following the winter’s storms, city staff recommended the acquisition of the Ironwood property for a future pump station and pipelines. The acquisition was completed in 2014. As mentioned above, the need for the property was again affirmed by the design engineer (AKM) in 2019.

Fast forward to January 14, 2023. Seal Beach makes the local TV news with flooding in CPE. Streets are flooded and closed off. Tow trucks are pulling out flooded cars. I couldn’t get into the tract. Homes were flooded. We are seeing rain more and more- and heavier outbursts and longer storms.

Now is not the time to take flood control options off the table. There isn’t an alternative plan if we abandon this path. We may end up having to buy it back at a much higher price in the future.

In conclusion, I am requesting the City Council not approve the Resolution 7374.

Jim and Donna Biery
4349 Hazelnut Avenue
Seal Beach, CA. 90740
[email protected]
(714)743-7588
1 Gloria Harper
From: Schelly Sustarsic
Sent: Monday, February 13, 2023 11:41 AM
To: Gloria Harper
Subject: FW: Flooding issue in CPE
Gloria,
Ms. Feldman has asked that I forward her email to be included in the discussion of tonight’s New Business item.

Thank you.

Schelly
From: Lauren Feldman <[email protected]>
Sent: Monday, February 13, 2023 11:12 AM
To: Schelly Sustarsic <[email protected]>
Subject: Flooding issue in CPE
Hi Schelly,
Just wanted to send a quick note to see if you can forward to the appropriate person or share in the meeting agenda tonight relating to the flooding issues in CPE.

We have been severely impacted by the street flooding, particularly this past heavy storm on 1/14/23 when the streets were several feet high in rain water. My husband and I were both at work that day and had left one car on the street. We live 2 houses from the pump the city placed by the storm gutter on Elder and Ironwood but it wasn’t turned on that day of the heavy storm until it was too late. Our car (see below a picture our neighbor sent us while we were at work) flooded with several inches of water and it took weeks for the car to dry out and it was left damaged physically and electrically. We are very disappointed in the city’s response to the flooding issues.

Thank you for your concern,
Lauren and Daniel Feldman
4225 Elder Ave, Seal Beach
2 1
Gloria Harper
From: MIKE o <[email protected]>
Sent: Sunday, February 12, 2023 11:00 PM
To: Joe Kalmick; Thomas Moore; Mike Varipapa; Schelly Sustarsic; Sandra Massa-Lavitt Cc: Alexa Smittle; Jill Ingram; [email protected]; Gloria Harper Subject: agenda item: Declaration of Surplus Property on the February 13, 2023 City Council Meeting Dear City Council Members,
I have read the agenda for the City Council Meeting for February 13, 2023 and I request that you please do not pass Resolution 7374 now, which will allow the City to sell the property located in College Park East.

My 3 comments are below:

1. With the rain earlier this year in January, there was so much flooding in College Park East (CPE) that the City could not control, that a huge sign was placed at the entrance to CPE warning anyone who entered the development that the area was flooded.
(The signage implied – enter at your own risk.)

2. Additionally, with the concerns of 2 large housing developments being established within a mile of each other along Lampson (which also has flooding signs on both sides of the street for years when it rains) that it seems this would be the perfect time to deal with the CPE flooding issues.

3. Selling the property now in which market conditions are not that favorable may not be a prudent business decision and for the foreseeable future, permanently closes off all possibility of rectifying the flooding concerns in CPE.

In the past, the Mayor has stated that he wants to do these infrastructure projects and nothing else. Maybe a town hall meeting or some type of discussion format can occur where CPE residents and City staff can brainstorm and develop a plan to fix this issue.

Thank you,
Jean Orland

February 11, 2023
Honorable Mayor, City Council Members and Staff,
It has come to my attention that the City Council Meeting Agenda for Monday, February 13,2023, has an item under New Business requesting the adoption of Resolution 7374, declaring that 4197 Ironwood Avenue meets the definition of “surplus land”… The purpose of this email is to urgently request that you DO NOT pass this resolution, which would allow the City to sell this property and use the net funds be directed for infrastructure needs at the West End Pump Station.

The Staff Report from Alexa Smittle, Community Development Director, includes Background and Analysis which states that in 2011, staff suggested that City Council set aside funding to purchase a property in College Park East. In July 2014, the City did purchase the home at 4197 Ironwood Avenue in the hopes of someday constructing a pump inside/under this house which would alleviate the flooding problems in the Elder and Guava drainage areas. Based on the information which will be highlighted below, keeping that property and constructing a pump there, is the ONLY hope for our flooding issues. PLEASE do not pass this resolution until further discussion. I do not believe that all sources for possible outside funding such as grants, government assistance, FEMA, etc., for this project have been explored.

On Monday, March 25, 2019, several of my neighbours and I attended the City Council Meeting to hear the Study Session presentation given by Mr. Zeki of AKM regarding the Storm Drain Focus Preliminary Design Project. His presentation and handout (Ironwood, Guava and Elder Avenue Draining Systems section began on page 14) gave a very thorough explanation of the problems and the possible solutions to alleviate the flooding problems in CPE. He explained that CPE is too flat and was never graded properly so the only way to get the water off the streets and over to the Old Ranch Golf Course is to pump it. Old Ranch is a critical regional storm drain facility which feeds to a federal channel. When excess water accumulates on the golf course, it becomes similar to a tidal situation and the water actually flows back through the pipes into our neighborhood.

Mr. Zeki revealed that he had done a previous study for our City, spending many hours of research and analysis to come up with a solution. The City’s 2008 Master Plan included his recommendation to build a pump station at Bluebell Park which would pump the excess water under Lampson Avenue to one of the lakes in the Old Rach Golf Course. This would have solved the flooding issues in the neighborhood. The City did not move forward with his plan, probably due to cost. However, Storm drain improvements were later made at Candleberry and Aster which did improve the situation at that area.

Towards the end of Mr. Zeki’s presentation and in response to questions from myself and others in the audience, he emphatically stated that for true protection, the pump station is needed.

The temporary pumps that are rented and placed on Elder at Ironwood just aren’t efficient enough. During the last storms in January, they weren’t even turned on and the hose was curled up in a pile next to it. I walk every day and never saw the hose extended along Ironwood towards Candleberry as it had been in past years. How much money was wasted on that? The City has spent thousands of dollars on these studies so why are we not more diligent and aggressive in finding the money to pursue building this pump station? During the 2019 meeting, Vicki Beatly, Finance Director, stated that General Fund money was specifically being put into CPE Storm Drain account 001.043. Is this true? Has the rent collected from 4197 Ironwood gone into this account? $3,200/moX12=$38,400/yr and we’ve owned it for nine years (at least $300,000?)
Could Measure BB funds be used?
I attended the Budget Study Session on May 29, 2019 (was informed that CPE Storm Drains would be discussed) and to my knowledge this was not the case.

We have lived in this neighbourhood for 37 years and some of our neighbours are original owners.

Many have suffered property loss or damage when the electrical systems in their cars were completely ruined during floods in 2010, 2015, 2017 and most recently last month, without any compensation whatsoever from the City. Many new families have moved into homes on Ironwood and were shocked to find that the water was going into their cars and garages in January. The mailman’s jeep stalled in the flood waters on Elder and a larger Post Office truck had to come and rescue him and the mail. Mothers trying to get home from school with their children were panicking and trying to figure out how to back up or turn around and go a different way while big trucks were zooming around them and creating waves up to their car windows. Something needs to be done!
I reviewed the two hour video from the March 25th meeting and share with you the hour/minute/ second locations of the most important comments made by the presenters and yourselves. I hope that you will take the time to listen and refresh your memories:
1:24:25 Myrter - Begins CPE portion of study
1:28:00 Mr. Zeki - Explains problems
1:34:40 Mr. Zeki apologising
1:41:30 Mr. Zeki - pumping needed
1:46:22 Mr. Zeki - Bluebell Park Pump Solution
1:52:01 Mr. Myrter - Study Alternatives Summary
1:53:14 Mr. Myrter - Pumps

2:03:03 Council Member Sustarsic - Ironwood House
2:03:20 Mr. Myrter - House Pump Station Details
2:03:50 Resident - Measure BB
2:05:10 Mayor Moore - Attend Budget Meeting
2:05:40 City Manager Ingram
2:06:26 Mayor Moore
2:07:00 Mr. Myrter - Project Ready to Go - Easy
2:07:00 Council Member Massa-Lavitt
2:09:50 Council Member Massa-Lavitt - We won’t ignore you I sincerely hope that this resolution will not pass. For those of you whose terms are ending, please don’t end your service to our wonderful City by voting to approve this resolution and leave College Park East drowning! However, if it does pass, the net proceeds from the sale of the property at 4179 Ironwood should be used for the good of the residents of College Park East. If money hasn’t already been allocated for CPE storm drain projects, start saving now! A defeatist attitude won’t get us anywhere. Most of us had to save up for a long time to buy our homes and the City should have started saving money for CPE long ago.

Thank you for taking the time to read this and thank you for all the positive things you have done to make our City great!
Susan Barembaum
4273 Elder Avenue
Seal Beach
(562) 879-9343